Recently Added and Updated Collections on Ancestry.com

From the Ancestry.com list of recent new and/or updated additions at https://www.ancestry.com/cs/recent-collections:

New and Updated
9/26/2019
9/25/2019
9/24/2019

3 Comments

Do you have any idea why this appears in my in-box as being from “The Smugmug Blog”.???
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    —> Do you have any idea why this appears in my in-box as being from “The Smugmug Blog”.???

    No idea. I know I never gave The Smugmug Blog permission to distribute any of my articles.

    Unfortunately, a number of companies do steal articles from EOGN.com and any number of other web sites, then bundle the articles in with their own advertisements, and re-mail the results to hundreds or thousands of people without ever asking permission from me or other web site owners. They make money from the advertisements they include. They do not share any of that revenue with me or anyone else.

    I have no idea if the Smugmug Blog does this or not.

    I have been told (by non-lawyers) that republishing someone else’s blog posts is perfectly legal. I am not sure if that is true but, if so, I am very disappointed. It strikes me as wrong to steal someone else’s hard work, then add advertising and resend the articles, all without sharing the revenue with the person who created the articles and without even asking for permission to do so.

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    As with everything else where someone might claim “fair use”, the four factors of the legal test for fair use must be considered.

    1. Purpose and character of the use
    2. Nature of the copyrighted work
    3. Amount and substantiality of the work taken
    4. Effect on the market or potential market for the original work

    Purpose and character of the use on another blog with adverts would be commercial which mitigates against fair use. The copyrighted work is published, which mitigates toward it being fair use. The whole of an article is reused which mitigates against fair use as all of the article and everything of substantiality is reproduced. The use directly impacts on the market for the original work which mitigates against fair use.

    3 tests out of 4 go against it being fair use.1 test out of 4 goes with it being fair use. I don’t think it qualifies as fair use.

    Like

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